1700258 (Refugee)

The applicant, an Indian national, sought review of the decision not to grant her a protection visa. The applicant claimed she feared persecution in India due to her mixed caste and religious marriage, subsequent divorce, and threats of violence from Sikh extremists, exacerbated by a property dispute. The Tribunal considered the evidence presented, including news articles, official documents, and witness statements, in light of relevant policy guidelines and country information.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Alternatively, the Tribunal considered whether the applicant met the complementary protection criterion under section 36(2)(aa), which requires substantial grounds for believing that removal would result in a real risk of significant harm. The Tribunal also had to determine if the applicant belonged to a "particular social group" as defined by the Act, particularly in the context of her marital status and family circumstances.

The Tribunal reasoned that the applicant did not satisfy the refugee criterion under section 36(2)(a). While acknowledging the applicant's claims of threats and a property dispute, the Tribunal found that these did not establish a well-founded fear of persecution for one of the enumerated reasons. Specifically, the Tribunal determined that the applicant did not demonstrate membership in a particular social group that would attract protection under the Act, nor did she establish a real risk of significant harm under the complementary protection provisions. The Tribunal noted that the applicant did not satisfy the criteria for being a member of the same family unit as a person who holds a protection visa.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.